Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (United States Filter Corp), Indenture (Hammond Residential LLC), Indenture (United States Filter Corp)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, Trustee and its agents and counselcounsel and all other amounts due the Trustee under Section 7.7, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 3 contracts
Sources: Indenture (Doskocil Manufacturing Co Inc), Indenture (City Truck Holdings Inc), Indenture (Hallmark America Inc)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holders, and any recovery of judgment shall, after provision for the payment of compensation to, and expenses, disbursements and advances of the Trustee, its agents and counselcounsel and all other amounts due the Trustee under Section 7.7, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (HMH Properties Inc)
Trustee May Enforce Claims Without Possession of. SecuritiesSecurities or Coupons. ---------- --------------------- All rights of action and claims under this Indenture or the Securities or coupons may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee, its agents and counsel, and any other amounts due the Trustee under Section 6.07, be for the ratable benefit of the Holders of the Securities and coupons in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (Bergen Brunswig Corp)
Trustee May Enforce Claims Without Possession of. Securities. ---------- All rights of action and claims under this Indenture or the ---------- Securities may be prosecuted and enforced by the Trustee without the possession of any of the Securities or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee of an express trust in favor of the Holderstrust, and any recovery of judgment shall, after provision for the payment of compensation toall the amounts owing to the Trustee and any predecessor Trustee under Section 6.07 the reasonable compensation, and expenses, disbursements and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Holders of the Securities in respect of which such judgment has been recovered.
Appears in 1 contract
Sources: Indenture (Nationwide Financial Services Capital Trust)